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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118723
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I beg of you please help me. A sheriff came to my door with

Customer Question

I beg of you please help me.
A sheriff came to my door with a restraining order subpoenaing me to court.
The paperwork was filled out by my sister stating that my mother was afraid for her life but did not state why
A couple days after the subpoena I received an email from my sister basically stating that if I sign papers stating that I will remove myself from my mothers Trust all together she will drop charges
If my mom wanted me of the Trust and was able she would have done it herself
When I got to court I was surprised that my mom went up to the stand on her own
She was allowed to read off a piece of paper that my sister wrote
The judge did ask my mom one quesiont only. It was if I ever harmed her. He answer was clearly a "NO!" Then she said but she was afraid that I would come over and hit her over the head.
I have a letter from her doctor months before all this happened stating that my mom was no longer able to process things or make her own decisions. My sister and I were told that we should step in as her power of attorney.
I am devastated. I hired a lawyer and paid over 7,000. She did not defend me in anyway. She said nothing. Two minutes later my mom was asked how long she wanted the restraining order on me. I'd like to take my mom back to court to prove she was not capable to testily against me. This is a laughing joke to my sister. She can have everything in the trust. I love my mother. She is 92 and as it stands I will never see her again if I don't do something. There is no police report, doctors report to show that I ever abused her and no witnesses this is simply not true. Of course there is more, but this should do for now. I am 65 no crtimi9al record and on low income. please give me some direction...I will never overcome this as long as I live...I will be alone for the holidays...and without my mom...I love her
Submitted: 2 years ago.
Category: Legal
Customer: replied 2 years ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 2 years ago.
I am ready to talk. Please help me. I am so devasted...I am sick
Customer: replied 2 years ago.
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Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

While you may think you would do better in this without a lawyer, that is not the truth. It may have been you did not have the right lawyer, but even lawyers would not represent themselves in this type of situation.

You need an experienced elder law attorney who is familiar with these situations of someone who is beginning to show signs of dementia, which is what you are describing your mother is exhibiting and who has experience with relatives trying to exert undue influence over them, which your sister is doing.

You are going to need to answer the summons and go to court and you must have a local attorney and when you speak to attorneys when trying to select the right one, you need to explain this is about your sister trying to take over the trust and get at your mom's money. You need to bring them all of the evidence you have that your previous attorney did not bring up and show them and get them to agree to properly represent you. If you are not comfortable with one attorney, you talk to another until you get one that will zealously represent you, but do not represent yourself.

We see customers all the time who come here who thought they could represent themselves and they permanently damage their cases because they were not knowledgeable of the rules of civil procedure or rules of evidence and did not properly get their evidence introduced and then even hiring a lawyer after the fact cannot fix the problems they caused. So rethink your decision carefully.

You are going to need to call your mother's doctors as witnesses regarding her mental abilities and to challenge anything she is reading that is written by your sister. You are going to need to also call witnesses in this restraining order case to show you are not violent and there has never been any indication that you would harm your mother other than what your sister has put in her head.

This is a complex case, so you need to get an attorney soon and answer that summons and show up in court with your witnesses and prove your sister is exerting improper influence over your mother for an improper purpose to take over the trust. At the very worst, you should be arguing that if the court wants you replaced as trustee, that an independent trustee, not you or your sister should be placed in charge of the trust to prevent your sister from improperly taking control of the trust.